Smt. Y. Shyamala v. State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * Between:

Smt.Y.Shyamala ..Petitioner/ accused No.3 And State of Telangana, through Public Prosecutor, High Court of Hyderabad, through Police Station, Shadnagar, Mahabubnagar & another .. Respondents DATE OF JUDGMENT PRONOUNCED: 27-07-2015 SUBMITTED FOR APPROVAL:

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No COMMON ORDER :

The Criminal Petitions are filed by the Petitioner/ accused No.3 in Crime No.564 of 2014 and 565 of 2014 of Shadnagar Police Station, Mahabubnagar District under Section 482 Cr.P.C seeking to quash the Crimes (supra) registered for the offences under the Sections 447, 427 and 506 IPC.

2) Heard learned counsel for the petitioner/ accused No.3 and 1st respondent-State represented by learned public prosecutor before admission and before ordering notice to 2nd respondent-de facto complainant in both the matters. Perused the material on record.

3) It is the contention of the counsel for the petitioner that the petitioner is a public servant and lady. On 29.10.2014 as per the certificate issued by the Medical Officer, PHC, Keshampet Mandal and the alleged offence is nothing but false implication after delay of about 1 1⁄2 month for the alleged occurrence dated 29.10.2014 in giving the report and registering the crime on 10.12.2014.

4) As the facts falls short for this Court to admit the Criminal Petitions filed under Section 482 Cr.P.C to quash the proceedings of Crime Nos.564 of 2014 and 565 of 2015 but for the factual matrix entitles the concession of regular bail to petitioner/ accused No.3, the same are disposed of, giving liberty to petitioners/ accused No.3 to surrender herself before the learned Magistrate

concerned and move for regular bail with notice to Assistant public prosecutor concerned, in such an event the learned Magistrate shall grant bail on the same day with necessary conditions. Needless to say at the post bail stage, the learned Magistrate may dispense with her presence. Needless to say the petitioner is entitled to file attendance certificate in support of her evidence (supra) and other material before Investigating Officer to consider as part of investigation. The other remedies are left open, in the event of police filing final report and any cognizance taken by learned Magistrate.

5) Miscellaneous petitions, if any pending, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Dt.27.07.2015 Knl

Date:27.07.2015 knl